Poultry Industry Levy Regulations (Amendment)

Overview

The Statutory Rules 1969 No. 0082, under the Poultry Industry Levy Act 1965-1966, were enacted to establish the rates of the levy imposed on hens within the poultry industry. This legislative instrument was brought into force by the Governor-General, acting on advice from the Federal Executive Council, in accordance with the recommendation from the Council of Egg Marketing Authorities of Australia. The regulations specify a levy of Two cents per hen for levies imposed before 1 July 1969, and Four cents per hen for levies imposed on or after 1 July 1969. The purpose of these regulations is to standardise the levy rates as recommended by the Council of Egg Marketing Authorities of Australia, ensuring that the levy does not exceed the latest recommended rate. The regulations came into effect on 11 June 1969, replacing previous regulations and establishing a new rate for the financial year ending on 30 June 1969.

Scope and Application

The Poultry Industry Levy Regulations 1969, made under the Poultry Industry Levy Act 1965-1966, establish the rates for the levy imposed on each hen within the poultry industry. These regulations apply to all entities involved in the poultry industry within the Commonwealth of Australia, thereby ensuring a consistent application of the levy across the nation. The prescribed rates are influenced by recommendations from The Council of Egg Marketing Authorities of Australia, and the Governor-General is mandated to consider these recommendations when setting the levy rates. Notably, the regulations set a levy of two cents per hen for levies imposed before July 1, 1969, and four cents per hen for levies imposed on or after this date. The regulations also provide for the amendment and commencement of these rates, ensuring that the levy is applied according to the prescribed schedule. The regulations do not specify exclusions, exemptions, or thresholds beyond the prescribed rates and dates.

Key Provisions

The main operative sections of these regulations are section 1, which details the commencement date of these regulations, and section 2, which repeals Regulation 3 of the Poultry Industry Levy Regulations and replaces it with a new regulation (section 3). This new regulation specifies the amount of the levy for each hen in two scenarios: two cents for each hen if the levy is imposed on or after the commencement of these regulations but before the first day of July, 1969, and four cents for each hen if the levy is imposed on or after the first day of July, 1969 (section 3(a) and (b)). The obligations imposed by these regulations are primarily on those responsible for collecting the poultry industry levy as per the Poultry Industry Levy Act 1965-1966. They are required to adhere to the new rates specified in the regulation, which are two cents per hen until the end of June 1969, and four cents per hen thereafter. This obligation extends to ensuring that all levies are calculated and collected in accordance with these rates. In terms of consequences for non-compliance, the regulations themselves do not detail specific offences, penalties, or consequences for breach. However, the Poultry Industry Levy Act 1965-1966, under which these regulations are made, likely contains provisions for such matters. Typically, failure to comply with the requirements of a levy, such as incorrect calculation or collection of the levy, could result in fines or other penalties as prescribed under the Act. The exact nature and extent of these penalties would be detailed in the Act itself, including any maximum penalties that could be imposed for breaches.